Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. III
City of San Fernando, Pampanga

KMM-KATIPUNAN – JOSE G.
DONCERAS, ET AL.
Complainants,

- versus - NLRC RAB III Case No. 09-24585-16

NLRC RAB III Case No. 02-25242-17
NLRC RAB III Case No. 01-25144-17
[NLRC LAC No. 10-003792-19]

ORE ASIA MINING AND

DEVELOPMENT CORPORATION,
MULTIMODAL UNLIMITED
SKILLS CORP., ET AL.,
Respondents.
x---------------------------------------------------x

MANIFESTATION WITH MOTION FOR SUBSTITUTION

 
The COMPLAINANTS, by counsel, to this Honorable Office, most
respectfully state, that:
 
1. On 27 April 2021, Complainant ROLANDO D. PASTRANA
died of cardiac arrest immediate to severe COVID-19 affliction. As proof,
attached hereto, and made an integral part hereof, as Annex “A” is the copy
of the death certificate of ROLANDO D. PASTRANA.

2. Likewise, on 26 August 2021, Complainant ROGELIO S.

CALILAP, JR. died of acute respiratory distress syndrome secondary to
COVID-19. As proof, attached hereto, and made an integral part hereof, as
Annex “B” is the copy of the death certificate of ROGELIO S. CALILAP,
JR.

3. Considering the foregoing manifestations, Complainants, by

counsel, hereby humbly move that Complainant ROLANDO D.
PASTRANA be substituted by ALEJANDRO L. PASTRANA be allowed
to substitute his late father,. It is likewise humbly moved that MARIBEL C.
CALILAP be allowed to subs

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 MOTION FOR SUBSTITUTION

COMPLAINANTS, by counsel, to this Honorable Office, most respectfully

state:

1. That complainant RANDY B. REPIA has just recently passed

away as evidenced by his Death Certificate attached and made integral part

hereof as Annex “1”, thus, the need that his spouse or legal wife,

____________, should now be placed in his instead. Likewise, complainant

OSCAR V. LIMUECO, JR. was already constrained to seek employment abroad

in order to sustain his family, and appointed his grandmother, JUANITA B.

BAUTISTA, as his Attorney-In-Fact in these cases. In evidence thereof, attached

and made integral part hereof as Annex “2” is the corresponding Special

Power of Attorney to that effect.

WHEREFORE, in view of all the foregoing, it is most respectfully prayed

for that after due consideration, this Honorable Office immediately grant this

Motion and issue an Order to the effect that the spouse or legal wife of

complainant RANDY B. REPIA, ____________, and the Attorney-In-Fact

(JUANITA B. BAUTISTA) of complainant OSCAR V. LIMUECO, JR. are

accordingly substituted in their instead in these cases.

Other reliefs just and equitable under the premises are likewise prayed for.

Quezon City, 11 January 2013.

 
PRAYER
         
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Office that the judgment award of the complainant be
recomputed immediately and a pre-execution conference be conducted
thereon. In case the responsible respondents refuse to reinstate and pay the

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complainants accordingly, it is likewise prayed for that a writ of execution
be immediately issued directing the Honorable Sheriff to enforce the
Decisions mentioned above and collect from the respondents the recomputed
judgment award, including the accrued backwages, other benefits and
imposable legal interests, that the complainants deserve.
 
         Complainants further pray for such other reliefs deemed just and
equitable under the premises.
 
Quezon City for the City of San Fernando, Pampanga, 14 October
2019.
  

LAWIN
(Legal Advocates for Workers’ INterest)
Counsel for the Complainant
Room 206, Jiao Building
2 Timog Avenue, Quezon City
Email address: lawin2setusfree@yahoo.com
Telefax (02) 373-18-44

ERNESTO R. ARELLANO
PTR No. 7324117; 01-03-19; Quezon City
IBP No. 058465; 01-03-19; CALMANA
ROLL No. 22660
MCLE No. V-0011875

JASPER C. BALBOA
PTR No. 2889428; 01-31-19; Mandaluyong City
IBP Receipt No. 071584; 01-30-19; Manila I
ROLL No. 63288
MCLE Compliance No. VI-0026293
valid until 04/14/2022

RENATO B. BORLASA
PTR No. 7324118; 01-03-19; Quezon City
IBP No. 058466; 01-03-19; Quezon City
ROLL No. 65855
MCLE Compliance No. VI-0002758
valid until 04/14/2022

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Copy furnished: by registered mail

LAGUESMA MAGSALIN CONSULTA & GASTARDO

Counsel for Respondents
Unit 705 Prestige Tower,
F. Ortigas, Jr. Road, Ortigas Center
1600 Pasig City

EXPLANATION
(Re: Service by Registered Mail)

The undersigned counsel respectfully manifests that the foregoing

“Motion for the Issuance of Writ of Execution” was filed in this Honorable
Office, and a copy thereof served on the adverse party, through their
counsel, by registered mail due to distance involved and lack of office
messengers who can render the preferred personal filing and service. (If
eventually filed and served personally, please disregard the foregoing
explanation accordingly)

JASPER C. BALBOA

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